[WSBAPT] Domestic Partnership and Civil Marriage

[Lincoln Miller]

Same-sex partners who are Washington residents marry in other state where same-sex marriage recognized (at time when Washington state does not recognize SSM).

Later, partners register as domestic partners in Washington (at time when Washington state does not recognize SSM).

Subsequently, Washington allows SSM and RDPs dissolve, with some exception, and convert into marriage on June 30, 2014 (the “DOMA Amendment”)

In this particular instance, an exception applies and the RDP does not automatically dissolve and convert into marriage because one of the partners is older than 62 years old.

The DOMA Amendment provides that for purposes of determining legal rights and responsibilities involving individuals who had previously had a state-RDP and had been issued a marriage license or are deemed married, the date of the original state-registered RDP will be considered the legal date of the marriage.

So, which of the following is the partners current legal status:


1.       Even though the RDP did not automatically dissolve and convert into marriage, the partners are nonetheless deemed to be married as of the date of the Washington RDP by virtue of their out-of-state marriage that pre-dated the RDP? or

2.       Because the RDP did not automatically dissolve and convert into marriage, the partners must solemnize their marriage (again) in order to dissolve the RDP pursuant to RCW 26.60.100?
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